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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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I have had an order from the court to pay the amount of the

Customer Question

I have had an order from the court to pay the amount of the mortgage( which is in my name) against the property ( which is in my ex wifes name) and where she lives with my grown up daughter ( who works full-time) and my 2 other children (age 12 & 11), this order came to an end on the 2nd Sept this year. I have offered my ex a payment of £550.00 against the mortgage but she has flatly refused, I am now in quite a bit of debt due to this as I have been paying nearly £1000 per month and can't afford to continue, can you advise?
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name is Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Do you have a specific question please?
Customer: replied 4 years ago.

OK Thank you, I look forward to your reply.

Expert:  James Mather replied 4 years ago.

Can we have the exact wording of the order please?

If you have been ordered to pay £1000 per month towards the
mortgage and you have children of 11 and 12 in the house, why did the order
come to an end?

Why have you offered her 550?

What you both earn?

What is the house worth?

What is the mortgage outstanding?

Other assets?

I need as much background detail as possible please. Thank you

Customer: replied 4 years ago.

it was ordered on 2nd sept 2009 that;


1, I - the husband shall by no later than the 30th sept 2009, transfer all his legal estate and beneficial interset in the former matrimonial home to the wife, subject to the mortgage in favour of Halifax PLC secured thereon upon her undertaking to & agreeing with the husband - to use her best Endeavours to procure his release from the said mortgage - thereon in favour of Halifax plc.


2, the wife shall transfer all her shares in the company owned by both parties - to the husband - simaltanious with the husband complying with the paragraph above


3, Upon compliance with paragraphs 1 & 2, above, the husbands & the wifes claims against each other for lump sum, property adjustment & pension sharing orders shall stand dismissed. the husband shall not be entitled to make any futher claims against the wife under the Matrimonial causes act 1973 sec 23(1) (a) or (b) the husband shall not be entitled on the deathof the wife to make application for provision out of her estate persuant to the inheritance.


4, the husband shall pay or cause to be paid periodical payments to the wife, payments be at the rate equivalent to the monthly payments of interest due on the mortgage secured on the matrimonial home in favour of Halifax.

payments shall be monthly in advance on the first day of each month. payments shall start on the date hereof and will end on;


a) the death of the husband or wife or

b) the wifes remarriage or

c) the 2nd sept 2013 whichever shall first occur or provided that in the event that periodical payments cease only by reason (c), the order shall be varied to 0.05 per annum until 9th May 2020 or

(d) a further order terminating payments

Payments should be reduced pound for pound by the amount of any assessment in respect ofthe husband relating to the children 7 family by the CSA or CMEC

5, Upon cessation of the husbands liability to make periodical payments to the wife underthis order or a variation thereof the wife shall not be entitled to make any claim against the estate of the husband pursuant to the said act.


i earn £35k

not sure on the earnings of X wife

house is worth approx £390k

£290k oustanding - interest only & mortgage in my nmae only - hence wanting to get out of it - by either the house being sold - or X taking on a mortgage to release me. - but she has confirmed she is not in a position to do that.

no other assets in relation to the former marriage.

I currently have a mortgage on a house & have since remarried.

I offered to pay £550 - which is more than CSA rate




Expert:  James Mather replied 4 years ago.

Thank you so, under 4c you should now be paying 0.05 (presumably that
is meant to be five percent) per annum.

Prior to that, until 2 September 2013, you were paying the full
amount of the interest on the mortgage.

I assume there is no offset in respect of payments made via CSA.

So it really comes down to what 0.05 is. Based upon this, I haven't
got a clue.

Bearing in mind that you will probably at the hearing and bearing
in mind that the full amount of interest you were to pay monthly which equates
to the mortgage interest has now ceased, what was it to be changed to under the
terms of the order?

I appreciate that you have offered £550 per month but I don't
know what 0.05 means because it is just a number and not a multiplier.

What was your figure of 550 per month based on?